Malkhan Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8047 MP

                                              1                                CRA-2580-2021
              The High Court Of Madhya Pradesh
                       CRA No. 2580 of 2021
                   (MALKHAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
                                  CRA No. 3104 of 2021
                   (KALYAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)




Jabalpur, Dated : 01-12-2021
      Mr. Zafar Khan, learned counsel for the appellants in CRA NO. 2580/2021.
      Shri M.S. Rajpoot, learned counsel for the appellants in CRA No. 3104/2021
      Shri Manhar Dixit, learned Panel Lawyer for the State-respondent.

Heard on I.A.Nos. 6111/2021 and 8025/2021 , which are applications filed

under sections 389(1) Cr.P.C. for suspension of sentence and grant of bail to appellants.

All appellants herein have been tried and convicted for the offences punishable under sections 341, 148 and 302/149 of IPC and sentenced to suffer SI for one month, RI for 2 years and RI for life and fine of Rs.500/-,1000/- and 5000/-, respectively, with default stipulation, as mentioned in the impugned judgment.

The case of the prosecution is that on the date of incident, the appellants herein are stated to have waylaid the deceased who was traveling on a motor cycle and one of the accused/appellant Amar Singh went behind the deceased and fired one single shot

at him with the country made fire arm resulting in his death. Learned counsel for the appellants submits after having led us through the evidence of PW-10 and PW-11 that there was pre-existing enmity between the family of the deceased and that of the appellants herein. He further states that the postmortem report reflects only a single injury which was a gun shot injury resulting in the death of the deceased and further states that the postmortem report does not reveal any other injury besides that singular gun shot injury.

Learned counsel for the State on the other hand while opposing the application for suspension has submitted that PW-10 and PW-11 have categorically stated that all the appellants herein have waylaid the deceased blocked his path and thereafter facilitating Amar Singh to fire the fatal shot. He further says that there is no previous enmity which has been stated by the witnesses.

2 CRA-2580-2021 Per contra, learned counsel for the appellants has drawn our attention to the statement of PW-10 with specific reference to paragraph No. 5 in which the previous enmity between the appellants and the deceased side is available. However, learned counsel for the appellants further submits that Amar Singh may be the sole accused in this case and the others have all been roped in on account of their interrelation to Amar

Singh.

Be that as it may, looking at the facts and circumstances of the case and the fact that besides the fatal gun shot there is no other internal or external injury on the body of the deceased, primafacie, reflection of previous ill will existing between both the families and without commenting on the merits of the case, the applications are allowed and it is directed that the appellants shall be enlarged on bail upon their furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only)each with one solvent surety in the like amount to the satisfaction of the learned trial Court.

Accordingly, IA No. 8026/2021, which is an application for urgent hearing during summer vacation, also stands disposed of.

The jail authorities shall have the appellants checked by the jail doctor to ensure that they are not suffering from the Novel Corona Virus (COVID-19) and if they are, they shall be sent to the nearest hospital designated by the state for treatment. If not, they shall be transported to their place of residence by the jail authorities.

Certified copy as per rules.

     (ATUL SREEDHARAN)                                                  (SUNITA YADAV)
            JUDGE                                                           JUDGE

VD

           Digitally signed by VARSHA DUBEY




VARSHA
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DUBEY
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           Date: 2021.12.02 17:06:30 +05'30'